Woodward v. Harbin
Supreme Court of Alabama
The defendant in error, as the indorsee of a promissory note made by Thomas J. Ewing, brought an action of assumpsit in the Circuit Court of Talladega, against the plaintiff, his immediate indorser.
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The defendant in error, as the indorsee of a promissory note made by Thomas J. Ewing, brought an action of assumpsit in the Circuit Court of Talladega, against the plaintiff, his immediate indorser. In the declaration it is alledged that suit was brought against Ewing in the Circuit Court of Lowndes, to the term of that Court holden on the first Monday after the fourth Monday in March, in the year 1837; being the first Court to which suit could be brought, after the maturity of the note. That judgment was recovered at the next succeeding term, for the amount of the note, with interest and…
1Opinion of the CourtCollier, C. J.
By the second section of the act of 1828, “ defining the liability of indorsers, and for other purposes,” as explained by the act of 1829, it is enacted, that where any contract in writing, for the payment of money, &c. save and except such as is governed by the law merchant, shall be assigned, suit thereon, shall be brought to the first Court of the county where the maker resides, to which the writ can properly be made returnable, tfind further, that when a judgment shall be recovered on any assigned or endorsed note, &c., and a writ of fieri facias shall be returned by the proper officer,…
2Cases cited1 opinion
- Mahurin v. BrackettSuperior Court of New Hampshire · 1829
3Cited by4 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Governor v. BancroftSupreme Court of Alabama · 1849
- Gavitt v. DoubCalifornia Supreme Court · 1863
- McMichael v. Branch Bank at MontgomerySupreme Court of Alabama · 1848